The Major Questions Doctrine is in the Constitution because it simply is the logical obverse of the Doctrine of Incidental Authority, which pervades the Constitution.
Justice Gorsuch’s Take on the Major Questions Doctrine Read More »
When the Constitution was adopted, international law required declarations only for offensive, not defensive, conflicts.
The only way the people of Montana can systematically update their constitution is to commission a state convention to propose a new one.
Why Montanans need a convention rather than amendments to update their constitution Read More »
The truth is that under a fair reading of the Constitution, most of the projects DOGE found were themselves unconstitutional.
Lefty Claims that by Curbing Government Waste, Musk Violated the ‘Contitution’ Read More »
How Weiser endorsed a now-defunct Montana effort to silence people.
Phil Weiser’s effort to muzzle free speech Read More »
We should take the Founders at their word.
How the Founders Explained Limits on the Federal Government Read More »
The Supreme Court reads the two Due Process Clauses to protect a constitutional right to direct the upbringing of one’s own children.
This originally was a two part essay appearing in the Epoch Times on November 19 and November 20, 2025. Are tariffs always taxes? When does
The Constitution and the Trump Tariffs Read More »
Analyzing the law behind recent cases challenging the President’s authority to federalize the National Guard.
President Trump, the Constitution, and the National Guard Cases Read More »
The Virginia legislature, not Congress, called the Constitutional Convention.
Who Called the Constitutional Convention? The Commonwealth of Virginia Read More »
There can be no perfect interpretation of the Citizenship Clause. But there is a best one: A child is born “subject to the jurisdiction” of the United States when his or her parents are in allegiance to the US—either US citizens or non-diplomat foreigners from friendly countries legally in the United States.
Cutting the Gordian Knot of Birthright Citizenship Read More »
Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct.
Why the Supreme Court Should Overrule the Same-Sex Marriage Decision Read More »
